Vol. 3 (2006-2007)

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D. Ward Hobson, Jr., Reforming the Patent System:  A Closer Look at Proposed Legislation, 3 OKLA. J.L. & TECH. 29 (2006)

This paper examines the purpose of the proposed reforms and their potential effect on the patent system.  Part II discusses whether the U.S. should adopt a first to file system.  Part III looks at the passage of questionable patents and the proposed post-grant review process.  Part IV examines whether prior art should be limited to information that is "reasonably and effectively accessible".  Part V addresses the duty of good faith and candor, and Part VI examines willful infringement and treble damages in patent litigation.


Elizabeth A. Richardson, Toward a Direct Functional Relationship Requirement for Claims to Software Encoded on a Computer-Readable Storage Medium: Rethinking In re Beauregard in Response to the USPTO’s Interim Guidelines Regarding the Patentability of Data Signal Claims, 3 OKLA. J.L. & TECH. 30 (2006)

As applied to software-related inventions, one of the most difficult and persistent issues in patent law is the appropriate scope of 35 U.S.C. § 101, which defines patentable subject matter. Specifically, the law remains unsettled as to whether claims to computer-readable media containing software (often called “Beauregard-type” or “floppy disk” claims) and claims to data signals embodied on carrier waves fall within the scope of § 101 as a general matter. Achieving final resolution of this question has important implications not only for patent law but for a wide swath of the information technology industry, as electronic distribution becomes an increasingly attractive means for dissemination of software. This paper explores the patentability of these Beauregard-type stored software claims under §§ 101 – 103 of the Patent Act through examination of several key Federal Circuit cases and policies of the United States Patent and Trademark Office.


Felix W.H. Chan, E-commerce All at Sea:  China Welcomes Digital Bills of Lading Under the Electronic Signature Law 2005, 3 OKLA. J.L. & TECH. 31 (2006)

As applied to software-related inventions, one of the most difficult and persistent issues in patent law is the appropriate scope of 35 U.S.C. § 101, which defines patentable subject matter. Specifically, the law remains unsettled as to whether claims to computer-readable media containing software (often called “Beauregard-type” or “floppy disk” claims) and claims to data signals embodied on carrier waves fall within the scope of § 101 as a general matter. Achieving final resolution of this question has important implications not only for patent law but for a wide swath of the information technology industry, as electronic distribution becomes an increasingly attractive means for dissemination of software. This paper explores the patentability of these Beauregard-type stored software claims under §§ 101 – 103 of the Patent Act through examination of several key Federal Circuit cases and policies of the United States Patent and Trademark Office.


Ryan J. Reeves, The Dangers of E-Discovery and the New Federal Rules of Civil Procedure, 3 OKLA. J.L. & TECH. 32 (2007)

As applied to software-related inventions, one of the most difficult and persistent issues in patent law is the appropriate scope of 35 U.S.C. § 101, which defines patentable subject matter. Specifically, the law remains unsettled as to whether claims to computer-readable media containing software (often called “Beauregard-type” or “floppy disk” claims) and claims to data signals embodied on carrier waves fall within the scope of § 101 as a general matter. Achieving final resolution of this question has important implications not only for patent law but for a wide swath of the information technology industry, as electronic distribution becomes an increasingly attractive means for dissemination of software. This paper explores the patentability of these Beauregard-type stored software claims under §§ 101 – 103 of the Patent Act through examination of several key Federal Circuit cases and policies of the United States Patent and Trademark Office.


Michael Betts, Plunging into the Information Age:  The Effect of Current Competition Policy on United States Science and Technology Policy, 3 OKLA. J.L. & TECH. 33 (2007)

"Human civilization is on the brink of a new revolution.  No longer can one simply create commodities faster and cheaper and expect to come out ahead.  Instead, winners of the global scramble for economic supremacy will be those who develop talent, techniques, and tools so advanced that there is no competition.  To better cope with these aims of the new Information Age and maintain its global technological preeminence, the United States must actively pursue its Science and Technology Policy (S&T policy).  However, the question is whether current competition policy, under Section 1 of the Sherman Act, remains valid when one strives to foster innovative industries.  In other words, can the goals of S&T policy in the United States be effectively pursued in the face of current antitrust law?"


Michael Betts, Standardization in Information Technology Industries:  Emerging Issues Under Section Two of the Sherman Antitrust Act, 3 OKLA. J.L. & TECH. 34 (2007)

"The e-Brief Plunging into the Information Age: The Effect of Current Competition Policy on United States Science and Technology Policy discussed whether the United States could effectuate its Science and Technology Policy (S&T Policy) in the face of antitrust regulation.  Its focus was on the United States' emphasis on strengthening its Information Technology (IT) industry and the problems antitrust regulation may pose to the industry.  However, the scope of the inquiry was limited to Section 1 of the Sherman Antitrust Act (Section 1).  A thorough analysis led to the conclusion that Section 1 afforded enough flexibility to promote, rather than hinder, the unabashed pursuit of United States S&T Policy.  The purpose of this e-Brief is to expand the scope by introducing possible implications of Section 2 of the Sherman Antitrust Act (Section 2) given the nature of competition in IT industries."


Michael Betts, United States Versus Microsoft: A Case Study, 3 OKLA. J.L. & TECH. 35 (2007)

Mr. Betts provides the final article of his three-part series. This article follows his second part, Standardization in Information Technology Industries: Emerging Issues under Section Two of the Sherman Antitrust Act, where he introduced possible implications of Section 2 of the Sherman Antitrust Act, and explicated the only relevant issue raised by standards competition in IT industries. That is, whether the winning firm has abused its power to maintain the monopoly. Refer to 3 Okla. J.L. & Tech. 34 (2007) for a full copy of Standardization in Information Technology Industries. Here, Mr. Betts analyzes this issue in the context of United States v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001).


Robert Malone, Health Information Technology:  Transforming the Healthcare Industry for the 21st Century, 3 OKLA. J.L. TECH. 36 (2007)

Mr. Malone begins the first of a three-part series of articles discussing Health Information Technology.  Here, he considers the effects Health Information Technology could have on the healthcare industry taken as a whole.  He focuses on the benefits this technology could have in improving and streamlining the provision of healthcare services.  Mr. Malone concludes that in an industry experiencing soaring costs and increasing levels of inefficiency, Health Information Technology could be an effective remedy.


Robert Malone, Health Information Technology and HIPAA:  Can We Satisfy Security and Privacy Standards in the Digital Age?, 3 OKLA. J.L. & TECH. 37 (2007)

Mr. Malone expands upon his previous publication, Health Information Technology: Transforming the Healthcare Industry for the 21st Century, in which he considered the effects such technology could have on the problems currently plaguing the industry.  Refer to 3 Okla. J.L. & Tech. 36 for a full copy of Health Information Technology.  Here, Mr. Malone considers whether this technology can co-exist with HIPAA and its concerns regarding privacy over sensitive health records.  Mr. Malone concludes that the benefits of Health Information Technology outweigh any risks related to HIPAA, and that the technology could in fact aid HIPAA through better enforcement of its provisions.


Robert Malone, Health Information Technology, E-Prescribing and Hurricane Katrina:  Could Electronic Health Records Have Made a Difference?, 3 OKLA. J.L. & TECH. 38 (2007)

Mr. Malone concludes his three-part series on Health Information Technology. This article follows the second installment, entitled Health Information Technology and HIPAA: Can We Satisfy Security and Privacy Standards in the Digital Age?  In that article he considered whether this technology can co-exist with HIPAA and its concerns regarding privacy over sensitive health records.  Refer to 3 Okla. J.L. & Tech. 36 and 3 Okla. J.L. & Tech. 37 for a full copy of the first two parts in this series.  Here, Mr. Malone considers the possible benefits of employing this technology, specifically "E-Prescribing," in a situation such as the one confronted in the aftermath of Hurricane Katrina.  Mr. Malone concludes that disasters such as hurricanes show how poorly equipped the healthcare industry is to handle catastrophic situations and how valuable Health Information Technology could have been.